Waivers of Inadmissibility
Applicants for green cards are sometime deemed inadmissible under various provisions of the Immigration and Nationality Act, in which case, they are required to apply for a waiver of the specific grounds of inadmissibility. Here are the most common scenarios.
Fraud or Misrepresentation under INA 212
An applicant for a green cart isfound to have commited fraud or misrepresentation if the applicant has misrepresented a material fact when applying for a benefit under immigration law. The law provides for a waiver of this grounds of inadmissibility if the applicant has a qualifying relative who will experince extreme hardship should the alien be denied the sought green card and is deported. Most often this ground of inadmissibility is found in situations where applicants have applied for some kind of non-immigrant visas, most often a tourist visa, but when they arrived in the USA they applied for adjustment of status and during the adjustment process it is discovered that they misrepresnted a fact when they applied for their non-immigrant visas in order to obtain the non-immigrant visas. Thus, the are required to submit form I-601, an Application for Waiver of Grounds of Inadmissibility to cure their inadmissibility. At Law Offices of Paul Marinov, P.C. we have obtained waivers for clients who have been found inadmissible.
We have a proven track record of successfully obtaining waivers for fraud or misrepresentation.
Criminal Grounds of Inadmissility
INA provides various grounds of inadmissibility due to convictions for crimes. It is very important to understand that the concept of “conviction”under immigration law includes any form of finding of guilt. Thus, a supervision is a conviction for immigration purposes. Sometimes the commited crime falls under the so-called “petty offense” exception, which is a crime for which the maximum punishment is 365 day of imprisonment. “Petty offense” exception does not require filing for a waiver. For more serous crimes, though, INA requires a waiver. The form I-601, Application for a Waiver of grounds of inadmissibility. The bais requirement is that the aline has a “qualifying relative”. The standard that needs to be met is that qualifying relative will suffer extreme hardship. USCIS considers factors including the medical condtiions of the qualying relatve, the family ties of the qualifyng relative in the USA and in aliens’ country, the condition of the country.
Waivers for Unlawful Presence
A person who has accrued unlawful presence for more than 365 days is inadmissible under Section 212 B3. The most common scenario when we face this problem is when an alien is the beneficiary of an approved immigrant petition (form I-130), but for various reasons that person is not eligible for an adjustment of status. In 2016, a new rule allows aliens to have their waivers adjudicated. The application is made on form I-601A .
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